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CITY OF FAIRBANKS v. SMITH

Nos. 2077, 2079.

525 P.2d 1095 (1974)

CITY OF FAIRBANKS and Jay A. Noll, Appellants, v. Frederick SMITH and Jacquelyn Smith, Appellees. Frederick SMITH and Jacquelyn Smith, Cross-Appellants, v. CITY OF FAIRBANKS and Jay A. Noll, Cross-Appellees.

Supreme Court of Alaska.

August 26, 1974.

Attorney(s) appearing for the Case

Dennis E. Cook, Fairbanks, for appellants and cross-appellees.

James R. Blair, Fairbanks, for appellees and cross-appellants.

Before RABINOWITZ, C.J., and CONNOR, ERWIN, BOOCHEVER and FITZGERALD, JJ.

OPINION

RABINOWITZ, Chief Justice.

In October, 1970, Frederick Smith was injured when an automobile in which he was a passenger was hit from behind by a City of Fairbanks dump truck. Thereafter, Frederick Smith instituted an action seeking damages for his personal injuries; his wife, Jacquelyn, sought damages for loss of consortium. Prior to trial, the City of Fairbanks and its employee-driver of the dump truck conceded liability. After trial by jury on...

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